Nicolau Arbitration Award - Leonidas

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America West. As US Airways was in bankruptcy, it was reaching
financial arrangements that would allow it to recover, while America
West, as CEO Parker admitted, was approaching bankruptcy and,
without a merger, had no realistic way of avoiding it. Thus, both were in
poor financial condition; neither saved the other, and both gained.
Even if there were some differences, US Airways argues that applicable
precedent gives little weight to such distinctions and that this should
be the case here."
Near the end of the proceeding there was some discussion of
some elements of the US Airways proposal, but its nature never
changed.
The America West Proposal
America West's initial proposal differed dramatically from that of
US Airways. As previously indicated, its position, when first presented
in detail, was a series of ratios accompanied with a two year condition
and restriction reserving to US Airways pilots all Captain positions on
the 9 A330 aircraft flying international routes as of May 19, 2005. The
firat proposed ratio was not Captain to Captain. Instead, America West
added to its 855 Captains an additional 114 First Officers, who,
America West claimed, expected captaincies based on the 19 A320s on
firm order as of May 2005. That combined figure (969) was to be
4 The financial condition arguments and the role those conditions
properly play are discussed below.